Because the ground was wet and slippery, the man fell on his bike and his teeth were broken. Can the relevant departments complain about compensation?

654381On the afternoon of October 8, Xiao Zhao, a man from Ningbo, Zhejiang Province, rode his bike through the wet road. He fell to the ground, his mouth was badly hurt and one of his front teeth was broken. After the injury, Xiao Zhao complained to the relevant departments, hoping to get an explanation.

It is understood that Xiao Zhao fell in the section of Chengxin Road, Zhonghe Street, Yinzhou District. The terrain of the incident section is low, the groundwater leaks for a long time, the ground is slippery, and moss grows. Before, the sanitation department cleaned the moss on the ground, and it will grow back after a while.

Received a complaint from Xiao Zhao, and on June 10, 10, the Comprehensive Administrative Law Enforcement Bureau of Yinzhou District coordinated, and many units related to this section worked on the spot to find out the cause of the accident and discuss the solution. In the end, a number of units jointly contributed to compensate Xiao Zhao 1 10,000 yuan as consolation money, and the responsible units were implemented to rectify within a time limit.

Xiao Zhao was very satisfied with the treatment result, and said that the claim is not the purpose, but the purpose is to attract the attention of relevant departments, rectify the road surface and prevent the tragedy from repeating itself.

In this regard, some netizens believe that men fall on bicycles, complain about uneven roads, and claim compensation in a rage, just like children wrestling. Parents say, "It's all your fault, it's all your fault." To put it bluntly, this is the "giant baby" disease of adults. Some netizens joked: Can't you pull out the excrement? Is the toilet design unreasonable?

Some netizens recognized this statement, because the road surface has been slippery for a long time and has grown moss, and the relevant units turned a blind eye. It is Xiao Zhao who fell today, and it may be Xiao Li tomorrow. If road safety hazards are not eliminated, people may fall down. Xiao Zhao's complaints and claims directly promoted the rectification and maintenance of roads by relevant departments, which actually benefited everyone.

So, is Xiao Zhao's claim reasonable? Please look at the previous similar cases.

20 18 Xuchang man He Mou rode an electric car on the road. Without avoiding or touching the car, he fell to the ground and died after being rescued. He family believes that the road subsidence in the incident area leads to the imbalance of electric vehicles, which is the main factor of death. So the road section management unit was brought to court and demanded compensation of more than 880,000 yuan.

After the trial, the court found that there was indeed a problem of road depression in this section, and the road management department failed to maintain it in time and did not set a reminder sign. Therefore, the road administration department was sentenced to take 20% responsibility and compensate the deceased for 654.38+0.6 million yuan. Road sag is not the direct cause of wrestling, but the poor safety awareness of the parties is the main cause of the accident, so they bear 80% responsibility.

An elder sister riding an electric car in Xiaoshan accidentally tripped over a big pit on the road, resulting in a fracture of the fascia of her right shoulder and knee injury. The medical expenses cost more than twenty thousand yuan. The elder sister asked the municipal department for compensation for her medical expenses, on the grounds that she didn't drive fast that day and the wrestling was caused by a big pit on the road. The municipal department said that due to the lack of relevant responsibility identification basis, it is temporarily unable to bear medical expenses.

Should I make a serious claim to the road administration department if I fell down by bike and the road surface was defective? Is there any legal basis?

According to the relevant provisions of the Tort Liability Law of People's Republic of China (PRC) and the Interpretation of the Supreme People's Court on Several Issues in the Trial, the road section management department shall regularly repair and maintain the road section in time; If the road section management department fails to timely repair and maintain the wet road section, and fails to place obvious signs and safety protection facilities, resulting in potential safety hazards and management and maintenance defects on the road, it shall bear corresponding liability for compensation.

Riding a bike and falling over yourself, complaining that the road is uneven, is more serious. If the road does have defects, the road management department should bear certain responsibilities. This kind of serious behavior seems ridiculous, but actually indirectly promotes the road management department to manage the road surface and serve everyone well.